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Show "iny5tpiiriyr,) J- ; ; yww t I I .,4.1 , .' TO All UEO This notice concerns two class action lawsuits in America Welfare and Retirement Fund of 1950. These lawsuits challenge certain regulations of the Fund concerning eligibility for pension, health, and survivor benefits. A tentative settlement of these lawsuits has been agreed upon and the Court has given preliminary approval to the settlement. A hearing will be held by United States District Court Judge Gerhard A. Gesell at 9:30 a.m. on February 22, 193, in Courtroom No. 6 of the United States Court House in Washington, D. C., to decide whether the settlement will be finally approved. THESE LAWSUITS AND THIS SETTLEMENT DO NOT AFFECT ANY RETIRED OR WORKING-MINECURRENTLY RECEIVING PENSION ANDOR HEALTH BENEFITS FROM THE FUND. These lawsuits and this settlement also do not affect any retired miner born on or after April 1, 1916. RETIRED MINERS Subject to the Courts final approval, the Trustees of the Fund have agreed that, effective January 1, 1973, retired miners who can meet either of the following two tests will be eligible to receive current pension benefits from the Fund (Current pension benefits are $150 per month and the pensioner is given a health card.) TEST ONE Retired Miners If you are a retired miner not currently receivfrom the Fund and if you can answer a ing pension the of all to following questions, you will be yes the on to Funds pension rolls if the settleeligible go ment is put into effect: 1. Were you born before April 1, 1916? 2. Did you retire from the bituminous coal industry before April 1, 1971? 3. Did you complete twenty years of classified service in that industry? TEST TWO 'Retired Mirers If you are a retired miner who does not qualify under Test One, you may still be eligible for pension benefits if you can answer yes to all of the following questions: 1. Were you born before April 1, 1916? 2. Did you retire from the bituminous coal industry before Ap-- il 1, 1971? 2. Did you complete twenty years of classified service in that industry before January 28, 1953? 4. Was some of that classified service for a UMWA mine operator after May 28, 1946? 5. Did you apply for a pension prior to April 1,1971? 6. Were you denied a pension by the Fund solely for failure to meet the 20 out of 30 years requirement then in effect? 7. Were you unable to meet the 20 out of 30 requirement because of a serious and permanent disability which prevented you from working in the mines? mine-connecte- d RETROACTIVE As 09 THEIR 1 , . vMeoaesday, January 17, 1973 f $ HITS 4 tf'S 4. Did you do classified work in that industry for at least five years after May 28, 1946, for UMWA mine operators? the United States District Court for the District of Columbia (Blankenship, et al. and Lamb) brought against the Trustees of the United Mine Workers of OS SOFT COAL .'!. BENEFITS part of the proposed settlement, the Trustees have also agreed that all retired miners who meet either of these two tests will receive $1,800 (one years retroactive pension) if they had filed a pension application with the Fund prior to April 1, 1971, and the application was denied. WIDOWS Also, certain unremarried widows of deceased retired miners may be entitled to lump sum payments of SI, 000 if they have not already received any survivor benefits from the Fund and if they can answer yes to all of the following questions: 1. Was your husband born before April 1, 1916? 2. Was your husband at least when he died? fifty-fiv- e years old 3. Had your husband retired from the bituminous coal industry before April 1, 1971? 4. Did your husband complete twenty years of classified service in that industry? Any retired miner or widow who wishes to Je heard by the Court in Washington, D. C., concerning any aspect of the proposed settlement may enter an appearance, through an attorney, who MUST so notify the Court by February 15, 1973, by letter or postcard addressed to Mr. Davey, the Clerk, at the above address. CLAIMS TO PARTICIPATE FULLY INTHE BENEFITS AVAILABLE UNDER THE PROPOSED SETTLE-MENALL PERSONS WHOM IT AFFECTS MUST FILE A CLAIM WITH THE FUND IN WASHING-TON- , D. C., BY APRIL 30, 1973. 5. Did your husband do classified work in that indus.ry for at least five years after May 23, 1946, for UMWA mine operators? T, Formal notice of the class action determination in these cases and of the proposed settlement is set forth in full hereunder. All interested persons are urged to read the formal notice and proposed settlement with care. How to Fib a Claim retired miner who previously filed a pension application form with the Fund may file a claim simply by sending the Fund his full name, current address, and social security number. (A postcard will do.) 1. Any Any retired miner or widow who is eligible for a Lenefit under this proposed settlement, and who wishes to accept and be bound by this settlement, must file a claim as set forth below. NO COSTS OR FEES WILL BE CHARGED AGAINST ANY MINER OR WIDOW WHO PARTICIPATES IN THIS except that any such miner or widow- employing his own attorney for the purposes of this settlement must pay his own attorneys fees and expenses. (Note, however, that it is not necessary for anyone to employ an attorney in order to participate fully in this settlement.) 2. A retiled miner who has not previously filed a pension application with the Fund must complete and file a pension application form with the Fund. Application forms may be obtained directly from the Fund in Washington, D. C., and may be obtained also from Local or District offices of the UMWA. 3. Any unremarried widow of a deceased miner may file a claim by sending a letter or postcard to the Fund giving her name and current address and the name, social security number, and date of death of her deceased husband. Upon receipt of such claim, the Fund will contact the widow for further Any retired miner or widow who does not want to participate in the proposed settlement MUST by February 15, 1973, send a letter or postcard to James F. Davey, Clerk, United States District Court for the District of Columbia, United States Courthouse, Third Street & Constitution Avenue, N. W., Washington, D.C. 20001, stating that he or she has read this notice and does not want to be included in the Blankenship-Lam- b class. Anyone so excluded will not receive any benefits as a result of the law suits. 4. Claims should be sent to the Fund at the address: UMWA Welfare and Retirement Fund 907 15th Street, N. W. Washington, D. C. 20005 FURTHER INFORMATION Fund or from the attorneys for Any persons wishing further information should NOT write the Court or Judge Gesell. Further information may be obtained from the Arnold & Porter, 1229 EX is number Fund The D. s C. 20005. (202) Esquire, in Huge, Harry telephone Washington is 907 15th Street, N.W., Washington, plaintiffs. The Fund's address & N. W., Washington, N 1742 Eastman al. C. James et Willie Lamb, Street, Keats, is for D. Eastman, Esquire, C. 20036, the attorney 19th Street, N. W., Washington, Ray Blankenship, plaintiffs Lamb. D. C. 20036, is the attorney for plaintiff Newman IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILLIE RAY BLANKENSHIP, NEW3IAN A. LAMB, et al Plaintiffs. Consolidated Civil Action v. Nos. UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND OF 1950, et al., 2186-6- 9 and 2350-6- 9 Defendants. NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT THEREOF TO ALL RETIRED BITUMINOUS COAL MINERS and to all widows, estates, and other survivors of deceased bituminous coal miners: 1. Description of the class. The Court on or after his fifty-fift(55th) birthwould whose husband meet the and has determined that the day actions shall proceed as a consolidated description set forth in subparagraph class action under the p'ovisions of (1) (a) above but for the fact that said miner was not living on January 1, 1973, Rule 23(b)(3), F.R.Civ.P., on behalf of a class consisting of each of the follow provided said widow had not remarried prior to January 1, 1973. ing persons: I Retired Miners. Each bituminous (d ) Estates of Deceased Miners. The (a estate of any miner who died before coal miner born before April 1. 1916, January 1. 1973, but on or after his living on January 1, 1973, who had fifty-fiftceased work in the bituminous coai in (55th) birthday and who would meet the description set forth in dustry by April 1, 1971 and who com subparagraph (1) (a) above but for the pleted at least twenty (20) years of classi fact that said miner was not living on fied serv ice in that industry at any time of five least January 1, 1973. at sig (5) years including Provided, however, that the class shall natory service after May 28, 1916. For not include any of the following persons, the purposes of this subparagraph and or the fami'ies or dependents of any of si.bparagraph (1) (b), a year of classithe following persons, or the estates of fied service shall have the same meanthe following persons: ing as a year of service as defined in any of Pete Miners. Any person who. of No. 83 (e) Resolution II.A of paragraph is a member of the class certified in the Trustees of the United Mine Workers of America Welfare and Retirement Pete v. UMWA Welfare and Retirement Fund of 1950 (the Fund) and a year of Fund of 1950, Civil Action No. 1953-69- , D.D.C. signatory service shall be as defined in (f) Kiser Miners. Any person who resolution. said of II.C paragraph is a member of the class certified in biEach Miners. Disabled (b) Certain 2599-7tuminous coal miner who (1) is not a Kiser v. Carey, Civil Action No. D.D.C. miner described in subparagraph (1) (g) Chapaloney Miners. Jny per(a I above, and (2) was born before who is a member of the class cerson on April 1, 1916, and (3) was living tified in Chapaloney v. Carey, Civil Acceased had and 1973, 1, (4) January D.D.C. tion No. 1203-72- , work in the bituminous coal industry ( h ) comhad Present and Pensioners. 1. 1971, (5) Any person by April who on December 31, 1972, was enpleted at least twenty (20) years of classified service in that industry as rolled on the pension rolls of the Fund of January 28, 1953, and (6) had at as a fully eligible pensioner. (i) Deceased Pensioners. Any person any time after May 28, 1916, been emnot living on January 1, 1973 who was ployed in a classified job by an emenrolled on the pension rolls of the ployer signatory to the then effective Bituminous Coal Wage Agreement, and Fund as a fully eligible pensioner at the (7 had, prior to April 1, 1971, applied time of his death. to the Fund for a pension, and (8) was (j) Presently Eligible Widows. Any denied a pension solely for failure to widow of a bituminous coal miner if have completed twenty years of bitumisaid w idow has received or is receiving nous coal industry service within the widows benefits from the Fund or if thirty years immediately preceding the said widow is presently eligible for receipt of his application by the Fund, widow's benefits from the Fund under and (91 was or became permanently rules and regulations of the disabled as a direct result of industry existing Fund. service and, therefore, was not physProvided further, that any person inically capable of satisfying the cluded in the class as defined in this requirements of the who elects to be excluded Funds regulations in effect from time paragraph class in accordance with Rule said from to time. and paragraph (3)(b) (c) Widows of Retired Miners. Each 25(c)(2)(B) be included in said shall not hereof person living on January 1, 1973, who is class. huswhose and widow of a miner the 2. Settlement. The Parties have agreed band died before January 1, 1973, but h above-captione- d h 0 to and the Court has preliminarily approved a settlement of the Regulation Issues phase of this litigation as outlined in subparagraphs (a) through (g) below'. A copy of the complete settlement agreement and the portions of Resolution No. 83 referred to herein has been filed with the Clerk of Court and is available for inspection during normal business hours. Copies thereof may be obtained from The Honorable James F. Davey, Clerk of the United States District Court for the District of Columbia, United States Court House, Washington, D. C. 20001, upon the payment of $9.25 for the cost of reproduction. A further hearing shall be held on said settlement as provided for in subparagraph (3) (d) hereof. (a) Prospective Pension Benefits. Each miner meeting the description set forth in subparagraph (1) (a) or (1) (b) above as modified by the exclusions in said paragraph (1) will be enrolled as a fully eligible pensioner on the pension rolls of the Fund, with all concomitant benefits, subject only to the limitations set forth in subparagraphs IV.A.2, IV.A.3, and IV.B of Resolution No. 83 and subject to all successor resolutions as the Trustees may hereafter adopt for application to all pensioners generally. Each such miner will be so enrolled as soon as administratively possible after he makes a Claim on the Fund. If said Claim on the Fund is received by the Fund before May 1, 1973, his first pension payment shall cover the month of January 1973 and each month thereafter to and including the month during which his pension is authorized. If said application is received by the Fund after April 30, 1973, payment of pension shall be governed by subparagraph IV.A.l(a) of Resolution No. 83 or duly adopted successor provisions. (b) Retroactive Benefits. Any miner meeting the description set forth in ( 1 ) (a) or ( 1 ) (b) above, as modified by the exclusions of said h (I), who at any time prior to April 1, 1971, applied for a pension from the Fund and whose application was denied by the Fund for any reason shall be entitled to the payment to him of one years retroactive pension, without interest, which amount has been liquidated as One Thousand Eight Hundred Dollars ($1,800.00). para-grap- (c) Widows Benefits. Each person living on January 1, 1973 who is the widow of a miner who died on or after his 55th birthday but before January 1, 1973 and who would meet the description set forth in paragraph (1) (a) above but for the fact that said miner died prior to January 1, 1973 will be paid a Widows Benefit of One Thousand Dollars ($1,000) provided that said widow had not remarried before January 1, 1973, and provided said widow has not received and is not otherwise eligible for widows benefits under other rules and regulations of the Fund. (d) Survivors Benefits. If any miner eligible for enrollment under subparagraph (2) (a) dies before becoming enrolled, his widow and other dependents shall be entitled to such survivors and death benefits as they would have been entitled to had the miner been a fully enrolled pensioner at the time of his death. The provisions of this subparagraph shall apply only if the miner had made a Claim on the Fund prior to his death unless the miner died on or after January 1, 1973 and before May 1, 1973, in which ct.se the provisions of this shall apply regardless of whether the miner had made any Claim on the Fund prior to his death. (e) No Other Benefits. No member of the class as defined in paragraph (1) shall be entitled to any benefits except as explicitly set forth in subparagraphs (2) (a), (2) (b), (2) (c), and (2)(d) hereof. Explicitly, but not by way of limitation, no estate of any miner who died before January 1, 1973, shall be entitled to any benefits under this settlement and no survivor of any miner who died before January 1, 1973, shall be entitled to any benefits under this settlement except that certain widows shall be entitled to certain benefits as set forth in (2) (c) above. (f) Claims on the Fund. To receive full benefits under this settlement, members of the class must make a Claim on the Fund before May 1, 1973. Any eligible retired miner who had heretofore filed a pension application form of the Fund with the Fund in Washington, D. C., may make a Claim on the Fund simply by sending to the Fund in Washington, D. C. written notification of his name, current address, and social security number. Said notice must reach the The above notice is published for the information of former bituminous coat miners or their uidoics by the: UNITED MINE WORKERS OF AMERICA WELFARE AND RETIREMENT FUND Fund before May 1, 1973, and must be sent even if the class member has recently communicated with the Fund. All other retired miners must before that date submit complete pension applications to the Fund on pension application forms of the Fund in order to participate fully in all benefits provided by this settlement. Pension application forms may be obtained from the Fund in Washington or from Local and District offices of the United Mine Workers of America. An eligible widow may make a claim on the Fund by sending the Fund in Washington her name and current address and the full name, social security number, and date of death of her The Funds address in Washington, D. C. is 907 Fifteenth Street, N.W., Washington, D.C. 20005. (g) Attorneys Fees. The Fund has agreed to pay all attorneys fees and other costs and t disbursements incurred by plaintiffs Willie Ray Blankenship and Newman A. Lamb. No class member will be required to pay any such fees or costs or any other fees or costs in order to participate fully in this settlement. However, any class member may at his own expense retain his own attorney for the purposes of this settlement, although it is not necessary for any class member to do so in order to participate fully in this settlement. 3. Notice to Class Members. IF YOU ARE A PERSON DESCRIBED IN PARAGRAPH (1) ABOVE, YOU ARE HEREBY NOTIFIED AS FOLLOWS: (a) Right to be excluded. Any member of the class defined in paragraph (1) may elect to be excluded from this action. You will not be required to pay any attorneys fees or any other fees if you stay in this action, unless you retain your own attorney, which is not necessary. If you elect to he excluded, you will not benefit from the settlement and you will not be bound by the settlement. To be excluded, you must notify the Court in writing by filing a request to be excluded with the Clerk of the Court on or before February 15, 1973. You may do this simply by sending a postcard to the Honorable James F. Davey, Clerk of the United States District Court for the District of Columbia, United States Court House, Washington, D. C. 20001. You should say on the postcard: I have read the Blankenshp-Lamclass action miner-husban- 907 1 5th Street, N.W. b and settlement notice and I wish to lie excluded from the class in that case, and sign and date the card. (b) Right to appear by counsel. Any member of the class who does not request exclusion may, if he desires, enter an appearance in this action through his own attorney. However, it is not necessary for any class member to so appear or to employ his own attorney. (c) Binding effect of judgment. The judgment on the remaining issues in these consolidated actions, whether favorable or not, including the settlement, will include and will be binding on all members of the class described in paragraph (1) above except those persons, timely requesting exclusion pursuant to subparagraph ( 3) (a ) alove. ( d ) Approval of Settlement. The Court has, pursuant to Rule 23(e), F.R.Civ.P. preliminarily approved the settlement outlined in paragraph (2) above. All members of the class are hereby notified! of said proposed settlement. A final hearing on said settlement will be held in Courtroom 6, United States Court House. John Marshall Place.' Washingt on, D.C.-at 9:30 a.m. on February 22, 1973. Any member of the class wishing to be heard at said hearing by his attorney will be so heard provided his attorney shall so, notify the Clerk of Court in writing prior, to February 15, 1973. If the Court after, such hearing finally approves said settlement, the claims of all members of the class will be dismissed with prejudice, subject only to the terms of the settlement. 4- - Further Information. Any person wishing further information about this litigation may communicate with the Fund or the attorneys for the plaintiffs. The Fund's address is 907 Fifteenth Street, N.W., Washington, D.C. 20005. The Fund's telephone number is (202) EX Harry Huge, Esquire, Arnold & Porter, 1229 Nineteenth Street, N.W., Washington, D.C. 20036, is the attorney for plaintiffs Willie Ray ef al. James C. Eastman, Esquire, Lamb, Eastman A Keats, 1742 Washington, D.C. 20036, is the attorney for plaintiff Newman lamb. PLEASE DO NOT Blan-kenshi- p, WRITE OR CALL JUDGE GESELL, s Gerhard A. Gesell United States District Judge January 2, 1973 Washington, D.C. 20005 |